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2024 California Rules of Court

Rule 10.670. Trial court personnel plans

(a) Purpose

This rule establishes the authority and responsibility of the superior courts, on a countywide basis, to create and implement a system of personnel management designed to achieve lawful, uniform, and fair employment practices and procedures.

(Subd (a) amended effective January 1, 2007.)

(b) Countywide personnel plans

The superior court of each county must establish a single personnel plan on a countywide basis, consistent with applicable statutes, rules, and standards of judicial administration.

(Subd (b) amended effective January 1, 2007.)

(c) Provisions of a personnel plan

The personnel plan must ensure that treatment of employees complies with current law. The personnel plan should address the following issues:

(1)  A salary-setting procedure;

(2)  Regular review of job classifications and titles;

(3)  An equal employment opportunity policy applying to all employees in accordance with applicable state and federal law;

(4)  Recruitment, selection, and promotion policies;

(5)  A sexual harassment prevention policy;

(6)  A reasonable accommodation policy;

(7)  Grievance or complaint procedures covering, but not limited to, sexual harassment, discrimination, and denial of reasonable accommodation;

(8)  An employee benefits plan that includes health benefits, retirement benefits, workers' compensation benefits, disability leave, and paid and unpaid leave in compliance with state and federal law;

(9)  Timekeeping and payroll policies and procedures that comply with applicable state and federal law;

(10)  A records management policy, including confidentiality and retention of personnel records;

(11)  Job-related training and continuing education programs for all personnel concerning at least the following:

(A)  Sexual harassment awareness;

(B)  Discrimination and bias; and

(C)  Safety;

(12)  A policy statement on professional behavior requiring that all employees conduct themselves in a professional manner at all times and refrain from offensive conduct or comments that reflect bias or harassment;

(13)  A policy regarding conflicts of interest and incompatible activities;

(14)  Procedures for discipline and discharge; and

(15)  A labor policy consistent with rules 10.653-10.659.

(Subd (c) amended effective January 1, 2007.)

(d) Optional provisions

A personnel plan may contain additional provisions, including the following:

(1)  Criteria and schedules for performance evaluations for all levels of employees;

(2)  Job-related training and continuing education programs for all personnel as appropriate, with provisions for both paid and unpaid educational leave concerning:

(A)  Career development, including basic and managerial skills; and

(B)  Equal employment opportunity concepts and recruitment methods.

(3)  An employee benefit plan that may include:

(A)  Flex-time, part-time, job-sharing, and other alternative work schedules;

(B)  Cafeteria options to use pretax dollars for dependent care and medical care and for sick leave for the care of dependents;

(C)  An employee assistance program; and

(D)  A deferred compensation plan.

(Subd (d) amended effective January 1, 2007.)

(e) Submission of personnel plans

The superior court of each county must submit to the Judicial Council a personnel plan in compliance with these provisions by March 1, 1999. The superior court of each county must submit to the Judicial Council any changes to this plan by March 1 of every following year. If requested by a superior court, Judicial Council staff must review the court's personnel plan and provide the court with technical assistance in preparing the plan.

(Subd (e) amended effective January 1, 2016; previously amended effective January 1, 2007.)

Rule 10.670 amended effective January 1, 2016; adopted as rule 2520 effective July 1, 1998; previously renumbered as rule 6.650 effective January 1, 1999; previously amended and renumbered as rule 10.670 effective January 1, 2007.

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